The United India Insurance Co. Ltd., Vs Kallappa S/O Mallappa Gumataj

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NC: 2025:KHC-D:2533 MFA No. 22128 of 2012

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.22128 OF 2012 (MV-I)

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BETWEEN:

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THE UNITED INDIA INSURANCE CO. LTD., BY ITS SR. DIVISIONAL MANAGER, DIVISIONAL OFFICE, "SEETA SMRITI", 2^ND FLOOR, 1568, MARUTI GALLI, BELAGAVI.

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…APPELLANT

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(BY SRI RAVINDRA R.MANE, ADVOCATE)

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AND:

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SHRI. KALLAPPA S/O. MALLAPPA GUMATAJ, AGE: 46 YEARS, OCC: AGRICULTURE, R/O: DARUR VILLAGE, TALUKA: ATHANI, DIST: BELAGAVI.

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Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA

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SHRI RAKESH BABU SHINGE, AGE: MAJOR, OCC: BUSINESS, R/O: HALYAL VILLAGE, TALUKA: ATHANI, DISTRICT: BELAGAVI. (OWNER OF BAJAJ DISCOVER MOTOR CYCLE BEARING NO.KA-23/U-5212)

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…RESPONDENTS

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(NOTICE TO R1 AND R2 ARE SERVED)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, 1988, PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED 23-022012 PASSED BY THE PRESIDING OFFICER, FAST TRACK COURT-IV, BELAGAVI IN MVC NO.243/2011 AND PASS SUCH OTHER ORDER OR ORDERS AS THIS COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, INCLUDING THE COSTS, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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NC: 2025:KHC-D:2533 MFA No. 22128 of 2012

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ORAL JUDGMENT

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(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)

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This appeal is filed by the Insurance Company challenging the judgment and award dated 23.02.2012 passed in MVC No.243/2011 by the Court of Presiding Officer, Fast Track Court-IV, Belgaum at Belgaum (for short, ‘Tribunal’), on the ground that there was no insurance policy in respect of offending motorcycle bearing registration No.KA-23/U-5212 as on the date of accident.

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The occurrence of accident and injuries sustained by the claimant are not in dispute in this case.

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The Tribunal has awarded compensation by fastening liability on the Insurance Company, on the reason that there was existence of insurance policy as on the date of accident. Admittedly, the accident occurred on 06.12.2010 at about 10.30 a.m. Ex.R1 is insurance policy in respect of motorcycle bearing registration No.KA-23/U-5212 commencing from 04.11.2010 to

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NC: 2025:KHC-D:2533 MFA No. 22128 of 2012

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03.11.2011. Ex.R2 is insurance policy in respect of same motorcycle commencing from 08.12.2010 to 07.12.2011. Therefore, there is no insurance policy as on 06.12.2010. Thus, in this regard, the Insurance Company is not liable to pay compensation. The owner of motorcycle bearing registration No.KA-23/U-5212 alone is liable to pay compensation.

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Hence, I proceed to pass the following:

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ORDER

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a) The appeal is allowed .

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b) The judgment and award dated 23.02.2012 passed in MVC No.243/2011

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by the Court of Presiding Officer, Fast Track Court-IV, Belgaum at Belgaum is modified in holding that the owner of motorcycle bearing registration No.KA23/U-5212 alone shall pay compensation to the claimant.

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